Victor Lechuga, Appellant, v. The State of Florida, Appellee. (2011)

District Court of Appeal of Florida, Third District.

Victor Lechuga, Appellant, v. The State of Florida, Appellee.

No. 3D10–2247

Decided: May 18, 2011

Before GERSTEN, ROTHENBERG, and SALTER, JJ.

Victor Lechuga, in proper person. Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Victor Lechuga appeals from the trial court's summary denial of his Florida Rule of Criminal Procedure 3.850 motion to correct jail time credit afforded on his sentence. Because the record fails to show conclusively that the defendant is not entitled to relief, we reverse the order and remand for a hearing or attachment of record excerpts conclusively refuting the defendant's claim.

Reversed and remanded.

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